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w00kie
Spaced out....
Registered: 08/21/08
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Loc: Pacific Northwest
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a question about law
#8804001 - 08/21/08 02:00 AM (15 years, 7 months ago) |
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Regarding psilocybin mushrooms.... I was told that to have spores, is not illegal. to grow mushrooms, is not illegal, because they can (and often do) grow anywhere.
It is just illegal to harvest, and be in possesion of harvested mushrooms. Is this true? Or does it differ state to state? I live in Oregon.
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johnm214
Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: a question about law [Re: w00kie]
#8804017 - 08/21/08 02:13 AM (15 years, 7 months ago) |
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Should be in security and safety.
In general:
Spores are not per se illegal, however; they may be drug paraphanalia if their is evidence that they will or are being used/intended to be used to cultivate mushrooms. They may also be used as evidence to obtain warrants and indictments with other evidence.
Having controlled substance-containing mushrooms is illegal everywhere if you intended to so posses, and the mushrooms are always a controlled substance, likewise with cultivation.
If you are growing mushrooms or posses dried mushrooms that are active with psilocybin you'll be convicted on that fact alone anywhere.
Theoretically there are always outs in the law in most places for innocent possesors, but it is unlikely you'll ever get off on that, so just remember... any possesion, intent, or cultivation with mushrooms containing psilocybin is illegal.
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w00kie
Spaced out....
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Re: a question about law [Re: johnm214]
#8804023 - 08/21/08 02:16 AM (15 years, 7 months ago) |
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Was considering it for personal use only (spiritual/religious reasons).... my wife too... ;-)
thanks... I appreciate it.
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w00kie
Spaced out....
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Re: a question about law [Re: w00kie]
#8804026 - 08/21/08 02:18 AM (15 years, 7 months ago) |
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off hand, think there is any loop holes for using it for spiritual/religious reasons? Or can only native americans claim that right?
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psthomas4
humanman
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Re: a question about law [Re: w00kie]
#8804039 - 08/21/08 02:25 AM (15 years, 7 months ago) |
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As much reason as psilocybin has to be considered spiritual, I don't think there is a loop hole. If any substances has a chance at making a loop hole I'd say ganja or mushrooms. Because Amanita Muscaria is legal.
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w00kie
Spaced out....
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Re: a question about law [Re: psthomas4]
#8804051 - 08/21/08 02:35 AM (15 years, 7 months ago) |
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why is Amanita Muscaria legal vs the others?... like cubenzi's?
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psthomas4
humanman
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Re: a question about law [Re: w00kie]
#8804072 - 08/21/08 02:48 AM (15 years, 7 months ago) |
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????????!!...I know. You can kill yourself with amanitas and not cubes, there's some more confusion.
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w00kie
Spaced out....
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Re: a question about law [Re: psthomas4]
#8804080 - 08/21/08 02:51 AM (15 years, 7 months ago) |
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psthomas4
humanman
Registered: 05/21/08
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Re: a question about law [Re: w00kie]
#8804106 - 08/21/08 03:05 AM (15 years, 7 months ago) |
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ok i cant find a reason in that, it sounds like any drug, which exactly what it is. If your irresponsible with it you'll lose out. Just because its not abused doesn't mean people aren't still using it, and if you prohibit one type of mushroom for being magic, why not all? Its just amanita sounds way too intense to be legal. I know that there are many mind altering plants that are legal, but it just bothers me that psilocybin is Schedule I and amanitas are OK
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johnm214
Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: a question about law [Re: w00kie]
#8804154 - 08/21/08 03:53 AM (15 years, 7 months ago) |
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Quote:
w00kie said: off hand, think there is any loop holes for using it for spiritual/religious reasons? Or can only native americans claim that right?
no you could use it for religous reasons, however; the law is such that it is a bitch to get recognized.
Basically you'd have to have a bonafide religion, whatever the hell that is, where the use is necessary for the faith and the government would have to fail to show a compelling state interest in not having you use shrooms.
You'd probably fail on the first one.
Unfortunatly the law is such that you have to be in a religion to get such rights. Personal spirituality isn't really enough, despite the first and fourteenth amendments that seem to preclude such a result.
This is simply a law that congress passed, and you can't avail yourself of it unless you are in a religion.
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Annapurna1
liberal pussy
Registered: 05/21/02
Posts: 5,646
Loc: innsmouth..MA
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Re: a question about law [Re: johnm214]
#8806618 - 08/21/08 04:41 PM (15 years, 7 months ago) |
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the mushrooms arent illegal..only the active ingredients are...they become a controlled substance if there is an intent for human consumption.. where "intent for human consumption" includes growing the mushrooms indoors or removing wild mushrooms from the soil...so you might be able to avoid prosecution if the mushrooms are growing outdoors and there is no evidence that they were deliberately cultivated (ie growing in neat little rows) or harvested...
-------------------- "anchor blocks counteract the process of pontiprobation..while omalean globes regulize the pressure"...
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